[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No.
2012-40. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any of the following Town entities having custody of a Town
record: an office, elected official, agency, board, commission, committee,
council, department or public body corporate and politic created by
constitution, law, ordinance, rule or order; or a formally constituted
subunit of the foregoing.
That officer or employee of the Town designated under § 100-3 or otherwise responsible by law to keep and preserve any Town records or file, deposit or keep such records in his or her office, or is lawfully in possession or entitled to possession of such public records, and who is required by this section to respond to requests for access to such records.
Any material on which written, drawn, printed, spoken, visual
or electromagnetic information is recorded or preserved, regardless
of physical form or characteristics, which has been created or is
being kept by an authority. "Record" includes, but is not limited
to, handwritten, typed or printed pages, maps, charts, photographs,
films, recordings, tapes (including computer tapes), computer printouts,
and optical disks. "Record" does not include drafts, notes, preliminary
computations and like materials prepared for the originator's personal
use or prepared by the originator in the name of a person for whom
the originator is working; materials which are purely the personal
property of the custodian and have no relation to his or her office;
materials to which access is limited by copyright, patent or bequest;
and published materials in the possession of an authority other than
a public library which are available for sale or which are available
for inspection at a public library.
[Amended 2-18-2014 by Ord. No. 2014-1]
The Town of Pacific, Columbia County, Wisconsin, and its
administrative subunits.
A.
Except as provided under § 100-7, each officer and employee of the Town shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees.
B.
Upon the expiration of an officer's term of office or an employee's
term of employment, or whenever the office or position of employment
becomes vacant, each such officer or employee shall deliver to his
or her successor all records then in his or her custody, and the successor
shall receipt therefor to the officer or employee, who shall file
said receipt with the Town Clerk. If a vacancy occurs before a successor
is selected or qualifies, such records shall be delivered to and receipted
for by the Clerk on behalf of the successor, to be delivered to such
successor upon the latter's receipt.
A.
Each elected official is the legal custodian of his or her records
and the records of his or her office in his or her possession.
[Amended 8-19-2014 by Ord. No. 2014-4]
B.
Unless otherwise prohibited by law, the Town Clerk or his or her
designee shall act as legal custodian for all records of the Town,
of the Town Board and for any committees, commissions, boards or other
authorities created by ordinance or resolution of the Town Board,
except that the Town Assessor, Town Engineer and Town Building Inspector
shall be the legal custodians for all Town records in their possession,
and the Secretary of the Town Plan Commission shall be the legal custodian
for the Plan Commission's records in his or her possession. In
the event that the Town Clerk is not available, then the Town Clerk
shall designate someone to act on his or her behalf as legal custodian.
[Amended 8-19-2014 by Ord. No. 2014-4]
D.
Each legal custodian shall name a person to act as legal custodian
in his or her absence or the absence of his or her designee.
E.
The legal custodian shall have full legal power to render decisions
and to carry out the duties of an authority under subch. II of Ch.
19, Wis. Stats., and this chapter. The designation of a legal custodian
does not affect the powers and duties of an authority under this section.
A.
Except as provided in § 100-6, any person has a right to inspect a record and to make or receipt a copy of any record as provided in § 19.35(1), Wis. Stats.
B.
Records will be available for inspection and copying during all regular
office hours.
C.
If regular office hours are not maintained at the location where
records are kept, the records will be available for inspection and
copying upon reasonable advance notice of intent to inspect or copy.
D.
A requester shall be permitted to use facilities comparable to those
available to Town employees to inspect, copy or abstract a record.
E.
The legal custodian may require supervision during inspection or
may impose other reasonable restrictions on the manner of access to
an original record if the record is irreplaceable or easily damaged.
No original public records of the Town shall be removed from the possession
of the legal custodian.
F.
A requester shall be charged a fee to defray the cost of locating
and copying records, as follows:
(1)
The cost of photocopying shall be established in a resolution to
be adopted by the Town Board.
(2)
If the form of a written record does not permit copying, the actual
and necessary cost of photographing and photographic processing shall
be charged.
(3)
The actual full cost of providing a copy of other records not in
printed form on paper, such as films, computer printouts and audio
tapes or videotapes, shall be charged.
(4)
If mailing or shipping is necessary, the actual cost thereof shall
also be charged.
(5)
There shall be no charge for locating a record unless the actual
cost exceeds $50, in which case the actual cost shall be determined
by the legal custodian and billed to the requester. The Town will
determine the cost of locating a record by using the hourly rate of
$20 per hour for employees involved in attempting to locate the record.
[Amended 8-19-2014 by Ord. No. 2014-4]
(6)
The legal custodian shall estimate the cost of all applicable fees
and may require a cash deposit adequate to assure payment, if such
estimate exceeds $5.
(7)
Elected and appointed officials of the Town shall not be required
to pay for public records they may reasonably require for the proper
performance of their official duties.
(8)
The legal custodian may provide copies of a record without charge
or at a reduced charge where he or she determines that waiver or reduction
of the fee is in the public interest.
G.
Pursuant to § 19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian from whom, and the methods whereby the public may obtain information and access to records in its custody, make requests for records or obtain copies of records, and the costs thereof. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of §§ 100-4 through 100-6 of this chapter. This subsection does not apply to members of the Town Board.
A.
A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under § 19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under § 100-4F(6). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
B.
Each custodian, upon request for any record, shall as soon as practicable
and without delay either fill the request or notify the requester
of the authority's determination to deny the request in whole or in
part and the reasons therefor. If the legal custodian, after conferring
with the Town Attorney, determines that a written request is so general
as to be unduly time-consuming, the party making the request may first
be required to itemize his or her request in a manner which would
permit reasonable compliance.
C.
A request for a record may be denied as provided in § 100-6. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within five business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that, if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under § 19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.
A.
As provided by § 19.36, Wis. Stats., the following records
are exempt from inspection under this chapter:
(1)
Records specifically exempted from disclosure by state or federal
law or authorized to be exempted from disclosure by state law;
(2)
Any record relating to investigative information obtained for law
enforcement purposes if federal law or regulations require exemption
from disclosure or if exemption from disclosure is a condition to
receipt of aids by the state;
(3)
Computer programs, although the material used as input for a computer
program or the material produced as a product of the computer program
is subject to inspection; and
(4)
Pursuant to § 905.08, Wis. Stats., a record or any portion
of a record containing information qualifying as a common law trade
secret. "Trade secrets" are defined as unpatented, secret, commercially
valuable plans, appliances, formulas or processes which are used for
making, preparing, compounding, treating or processing articles, materials
or information which are obtained from a person and which are generally
recognized as confidential.
B.
As provided by § 43.30, Wis. Stats., public library circulation
records are exempt from inspection under this section.
C.
In responding
to a request for inspection or copying of a record which is not specifically
exempt from disclosure, the legal custodian, after conferring with
the Town Attorney, may deny the request in whole or in part only if
he or she determines that the harm to the public interest resulting
from disclosure would outweigh the public interest in full access
to the request record. Examples of matters for which disclosure may
be refused include, but are not limited to, the following:
(1)
Records obtained under official pledges of confidentiality which
were necessary and given in order to obtain the information contained
in them.
(2)
Pursuant to § 19.85(1)(a), Wis. Stats., records of current
deliberations after a quasi-judicial hearing.
(3)
Pursuant to § 19.85(1)(b) and (c), Wis. Stats., records
of current deliberations concerning employment, dismissal, promotion,
demotion, compensation, performance or discipline of any Town officer
or employee or the investigation of charges against a Town officer
or employee, unless such officer or employee consents to such disclosure.
(4)
Pursuant to § 19.85(1)(d), Wis. Stats., records concerning
current strategy for crime detection or prevention.
(5)
Pursuant to § 19.85(1)(e), Wis. Stats., records of current
deliberations or negotiations on the purchase of Town property, investing
of Town funds or other Town business whenever competitive or bargaining
reasons require nondisclosure.
(6)
Pursuant to § 19.85(1)(f), Wis. Stats., financial, medical,
social or personal histories or disciplinary data of specific persons
which, if disclosed, would be likely to have a substantial adverse
effect upon the reputation of any person referred to in such history
or data.
(7)
Pursuant to § 19.85(1)(g), Wis. Stats., communications
between legal counsel for the Town and any officer, agent or employee
of the Town, when advice is being rendered concerning strategy with
respect to current litigation in which the Town or any of its officers,
agent or employees is or is likely to become involved, or communications
which are privileged under § 905.03, Wis. Stats.
(8)
Pursuant to § 19.85(1)(h), Wis. Stats., requests for confidential
written advice from an ethics board and records of advice given by
such ethics board on such requests.
D.
If a record contains information that may be made public and information
that may not be made public, the custodian of the record shall provide
the information that may be made public and delete the information
that may not be made public from the record before release. The custodian
shall confer with the Town Attorney prior to releasing any such record
and shall follow the guidance of the Town Attorney when separating
out the exempt material. If, in the judgment of the custodian and
the Town Attorney, there is no feasible way to separate the exempt
material from the nonexempt material without unreasonably jeopardizing
nondisclosure of the exempt material, the entire record shall be withheld
from disclosure.
A.
Town officers may destroy the following nonutility financial records
of which they are the legal custodians and which are considered obsolete,
after completion of any required audit by the Department of Revenue
or an auditor licensed under Chapter 442 of the Wisconsin Statutes,
but not less than seven years after payment or receipt of any sum
involved in the particular transaction, unless a shorter period has
been fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then after such shorter period:
(1)
Bank statements, deposit books, slips and stubs.
(2)
Bonds and coupons after maturity.
(3)
Canceled checks, duplicates and check stubs.
(4)
License and permit applications, stubs and duplicates.
(5)
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
(6)
Receipt forms.
(7)
Special assessment records.
(8)
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
B.
Town officers may destroy the following utility records of which
they are the legal custodians and which are considered obsolete, after
completion of any required audit by an auditor licensed under Chapter
442 of the Wisconsin Statutes, subject to State Public Service Commission
regulations, but not less than seven years after the record was effective,
unless a shorter period has been fixed by the State Public Records
Board pursuant to § 16.61(3)(e), Wis. Stats., and then after
such a shorter period, except that water stubs, receipts of current
billings and customers' ledgers may be destroyed after two years.[1]
C.
Town officers may destroy the following records of which they are
the legal custodian and which are considered obsolete, but not less
than seven years after the record was effective unless another period
has been set by statute and then after such a period, unless a shorter
period has been affixed by the State Public Records Board pursuant
to § 16.61(3)(e), Wis. Stats., and then after such a shorter
period:
(1)
Contracts and papers relating thereto.
(2)
Correspondence and communications.
(3)
Financial reports other than annual financial reports.
(4)
Justice dockets.
(5)
Oaths of office.
(6)
Reports of boards, commissions, committees and officials duplicated
in the Town Board proceedings.
(7)
Election notices and proofs of publication.
(8)
Canceled voter registration cards.
(9)
Official bonds.
(10)
Police records other than investigative records.
(11)
Resolutions and petitions.
D.
Unless notice is waived by the State Historical Society, at least
60 days' notice shall be given the State Historical Society prior
to the destruction of any record as provided by § 19.21(4)(a),
Wis. Stats.